1. ) MOHAMMAD RASHID ISMAIL BIN RIZWAN 2. ) C & H ENGINEERING & TRANSPORT MUHAMMAD HAREF BIN SAMSUDIN

1. ) MOHAMMAD RASHID ISMAIL BIN RIZWAN 2. ) C & H ENGINEERING & TRANSPORT MUHAMMAD HAREF BIN SAMSUDIN

Appellate court will not disturb the Sessions Court findings absent a plainly wrong determination; the Sessions Judge correctly preferred Plaintiff's consistent account and found Defendant's account inconsistent and unreliable; the judge applied established principles and relevant compendium in assessing damages and the awards fell within acceptable ranges; accordingly the appeal is dismissed and the Sessions Court's findings on liability and quantum are upheld.

Citation
JA-12B-66-10/2023 (Mahkamah Tinggi)
Parties
Appellant / Defendant (defendan Pertama): MOHAMMAD RASHID ISMAIL BIN RIZWAN; Appellant / Defendant (defendan Kedua): C & H ENGINEERING & TRANSPORT (JM0588280-X); Respondent / Plaintiff: MUHAMMAD HAREF BIN SAMSUDIN
Court
High Court
Jurisdiction
Malaysia
Judgment Date
11 June 2025
Case Number
JA-12B-66-10/2023 (Mahkamah Tinggi)
Procedural Posture
Civil Appeal Motor Vehicle Personal Injury / Appeal From Sessions Court (full Trial Judgment)
Outcome
Appeal dismissed
Legal Topics
Liability, Negligence, Apportionment of Fault, Quantum of Damages, Standard of Appellate Review, Future Loss Assessment
Source Language
Malay/English
Tort Personal Injury Motor Vehicle Accident Civil Procedure Appeal Law Liability Negligence Apportionment of Fault +3 more

Case Brief

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Parties

MOHAMMAD RASHID ISMAIL BIN RIZWAN

Appellant / Defendant (defendan Pertama)

C & H ENGINEERING & TRANSPORT (JM0588280-X)

Appellant / Defendant (defendan Kedua)

MUHAMMAD HAREF BIN SAMSUDIN

Respondent / Plaintiff

Procedural Posture

Civil Appeal Motor Vehicle Personal Injury / Appeal From Sessions Court (full Trial Judgment)

Legal Issues

  1. 1 Whether Defendan Pertama was negligent in causing the collision
  2. 2 Whether contributory negligence by the Plaintiff justified apportionment of liability
  3. 3 Whether the Sessions Court misapplied legal principles or erred in assessing quantum of damages

Ratio Decidendi

Appellate court will not disturb the Sessions Court findings absent a plainly wrong determination; the Sessions Judge correctly preferred Plaintiff's consistent account and found Defendant's account inconsistent and unreliable; the judge applied established principles and relevant compendium in assessing damages and the awards fell within acceptable ranges; accordingly the appeal is dismissed and the Sessions Court's findings on liability and quantum are upheld.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs